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Earnest Money (Deposit): money put down by a potential buyer to show
that they are serious about purchasing the home; it becomes part of the down payment if
the offer is accepted, is returned if the offer is rejected, or is forfeited if the buyer
pulls out of the deal. During the contingency period the money may be returned to the
buyer if the contingencies are not met to the buyer's satisfaction.
Earnings Per Share (EPS): a corporation's profit that is divided among
each share of common stock. It is determined by taking the net earnings divided by the
number of outstanding common stocks held. This is a way that a company reports
profitability.
Easements: the legal rights that give someone other than the owner
access to use property for a specific purpose. Easements may affect property values and
are sometimes a part of the deed.
EEM: Energy Efficient Mortgage; an FHA program that helps homebuyers
save money on utility bills by enabling them to finance the cost of adding energy
efficiency features to a new or existing home as part of the home purchase
Eminent Domain: when a government takes private property for public
use. The owner receives payment for its fair market value. The property can then proceed
to condemnation proceedings.
Encroachments: a structure that extends over the legal property line
on to another individual's property. The property surveyor will note any encroachment on
the lot survey done before property transfer. The person who owns the structure will be
asked to remove it to prevent future problems.
Encumbrance: anything that affects title to a property, such as loans,
leases, easements, or restrictions.
Equal Credit Opportunity Act (ECOA): a federal law requiring lenders
to make credit available equally without discrimination based on race, color, religion,
national origin, age, sex, marital status, or receipt of income from public assistance
programs.
Equity: an owner's financial interest in a property; calculated by
subtracting the amount still owed on the mortgage loon(s)from the fair market value of the
property.
Escape Clause: a provision in a purchase contract that allows either
party to cancel part or the entire contract if the other does not respond to changes to
the sale within a set period. The most common use of the escape clause is if the buyer
makes the purchase offer contingent on the sale of another house.
Escrow: funds held in an account to be used by the lender to pay for
home insurance and property taxes. The funds may also be held by a third party until
contractual conditions are met and then paid out.
Escrow Account: a separate account into which the lender puts a
portion of each monthly mortgage payment; an escrow account provides the funds needed for
such expenses as property taxes, homeowners insurance, mortgage insurance, etc.
Estate: the ownership interest of a person in real property. The sum
total of all property, real and personal, owned by a person.
Exclusive Listing: a written contract giving a real estate agent the
exclusive right to sell a property for a specific timeframe.
FICO Score: FICO is an abbreviation for Fair Isaac Corporation and
refers to a person's credit score based on credit history. Lenders and credit card
companies use the number to decide if the person is likely to pay his or her bills. A
credit score is evaluated using information from the three major credit bureaus and is
usually between 300 and 850.
FSBO (For Sale by Owner): a home that is offered for sale by the owner
without the benefit of a real estate professional.
Fair Credit Reporting Act: federal act to ensure that credit bureaus
are fair and accurate protecting the individual's privacy rights enacted in 1971 and
revised in October 1997.
Fair Housing Act: a law that prohibits discrimination in all facets of
the home buying process on the basis of race, color, national origin, religion, sex,
familial status, or disability.
Fair Market Value: : the hypothetical price that a
willing buyer and seller will agree upon when they are acting freely, carefully, and with
complete knowledge of the situation.
Familial Status: HUD uses this term to describe a single person, a
pregnant woman or a household with children under 18 living with parents or legal
custodians who might experience housing discrimination.
Fannie Mae: Federal National Mortgage Association (FNMA); a
federally-chartered enterprise owned by private stockholders that purchases residential
mortgages and converts them into securities for sale to investors; by purchasing
mortgages, Fannie Mae supplies funds that lenders may loan to potential homebuyers. Also
known as a Government Sponsored Enterprise (GSE).
FHA: Federal Housing Administration; established in 1934 to advance
homeownership opportunities for all Americans; assists homebuyers by providing mortgage
insurance to lenders to cover most losses that may occur when a borrower defaults; this
encourages lenders to make loans to borrowers who might not qualify for conventional
mortgages.
First Mortgage: the mortgage with first priority if the loan is not
paid.
Fixed Expenses: payments that do not vary from month to month.
Fixed-Rate Mortgage: a mortgage with payments that remain the same
throughout the life of the loan because the interest rate and other terms are fixed and do
not change.
Fixture: personal property permanently attached to real estate or real
property that becomes a part of the real estate.
Float: the act of allowing an interest rate and discount points to
fluctuate with changes in the market.
Flood Insurance: insurance that protects homeowners against losses
from a flood; if a home is located in a flood plain, the lender will require flood
insurance before approving a loan.
Forbearance: a lender may decide not to take legal action when a
borrower is late in making a payment. Usually this occurs when a borrower sets up a plan
that both sides agree will bring overdue mortgage payments up to date.
Foreclosure: a legal process in which mortgaged property is sold to
pay the loan of the defaulting borrower. Foreclosure laws are based on the statutes of
each state.
Freddie Mac: Federal Home Loan Mortgage Corporation (FHLM); a
federally chartered corporation that purchases residential mortgages, securitizes them,
and sells them to investors; this provides lenders with funds for new homebuyers. Also
known as a Government Sponsored Enterprise (GSE).
Front End Ratio: a percentage comparing a borrower's total monthly
cost to buy a house (mortgage principal and interest, insurance, and real estate taxes) to
monthly income before deductions.
GSE: abbreviation for government sponsored enterprises: a collection
of financial services corporations formed by the United States Congress to reduce interest
rates for farmers and homeowners. Examples include Fannie Mae and Freddie Mac.
Ginnie Mae: Government National Mortgage Association (GNMA); a
government-owned corporation overseen by the U.S. Department of Housing and Urban
Development, Ginnie Mae pools FHA-insured and VA-guaranteed loans to back securities for
private investment; as With Fannie Mae and Freddie Mac, the investment income provides
funding that may then be lent to eligible borrowers by lenders.
Global Debt Facility: designed to allow investors all over the world
to purchase debt (loans) of U.S. dollar and foreign currency through a variety of clearing
systems.
Good Faith Estimate: an estimate of all closing fees including
pre-paid and escrow items as well as lender charges; must be given to the borrower within
three days after submission of a loan application.
Graduated Payment Mortgages: mortgages that begin with lower monthly
payments that get slowly larger over a period of years, eventually reaching a fixed level
and remaining there for the life of the loan. Graduated payment loans may be good if you
expect your annual income to increase.
Grantee: an individual to whom an interest in real property is
conveyed.
Grantor: an individual conveying an interest in real property.
Gross Income: money earned before taxes and other deductions.
Sometimes it may include income from self-employment, rental property, alimony, child
support, public assistance payments, and retirement benefits.
Guaranty Fee: payment to FannieMae from a lender for the assurance of
timely principal and interest payments to MBS (Mortgage Backed Security) security holders.
HECM (Reverse Mortgage): the reverse mortgage is used by senior
homeowners age 62 and older to convert the equity in their home into monthly streams of
income and/or a line of credit to be repaid when they no longer occupy the home. A lending
institution such as a mortgage lender, bank, credit union or savings and loan association
funds the FHA insured loan, commonly known as HECM.
Hazard Insurance: protection against a specific loss, such as fire,
wind etc., over a period of time that is secured by the payment of a regularly scheduled
premium.
HELP: Homebuyer Education Learning Program; an educational program
from the FHA that counsels people about the home buying process; HELP covers topics like
budgeting, finding a home, getting a loan, and home maintenance; in most cases, completion
of the program may entitle the homebuyer to a reduced initial FHA mortgage insurance
premium-from 2.25% to 1.75% of the home purchase price.
Home Equity Line of Credit: a mortgage loan, usually in second
mortgage, allowing a borrower to obtain cash against the equity of a home, up to a
predetermined amount.
Home Equity Loan: a loan backed by the value of a home (real estate).
If the borrower defaults or does not pay the loan, the lender has some rights to the
property. The borrower can usually claim a home equity loan as a tax deduction.
Home Inspection: an examination of the structure and mechanical systems
to determine a home's quality, soundness and safety; makes the potential homebuyer aware
of any repairs that may be needed. The homebuyer generally pays inspection fees.
Home Warranty: offers protection for mechanical systems and attached
appliances against unexpected repairs not covered by homeowner's insurance; coverage
extends over a specific time period and does not cover the home's structure.
Homeowner's Insurance: an insurance policy, also called hazard
insurance, that combines protection against damage to a dwelling and its contents
including fire, storms or other damages with protection against claims of negligence or
inappropriate action that result in someone's injury or property damage. Most lenders
require homeowners insurance and may escrow the cost. Flood insurance is generally
not included in standard policies and must be purchased separately.
Homeownership Education Classes: classes that stress the need to
develop a strong credit history and offer information about how to get a mortgage
approved, qualify for a loan, choose an affordable home, go through financing and closing
processes, and avoid mortgage problems that cause people to lose their homes.
Homestead Credit: property tax credit program, offered by some state
governments, that provides reductions in property taxes to eligible households.
Housing Counseling Agency: provides counseling and assistance to
individuals on a variety of issues, including loan default, fair housing, and home buying.
HUD: the U.S. Department of Housing and Urban Development; established
in 1965, HUD works to create a decent home and suitable living environment for all
Americans; it does this by addressing housing needs, improving and developing American
communities, and enforcing fair housing laws.
HUD1 Statement: also known as the "settlement sheet," or
"closing statement" it itemizes all closing costs; must be given to the borrower
at or before closing. Items that appear on the statement include real estate commissions,
loan fees, points, and escrow amounts.
HVAC: Heating, Ventilation and Air Conditioning; a home's heating and
cooling system.
Indemnification: to secure against any loss or damage, compensate or
give security for reimbursement for loss or damage incurred. A homeowner should negotiate
for inclusion of an indemnification provision in a contract with a general contractor or
for a separate indemnity agreement protecting the homeowner from harm, loss or damage
caused by actions or omissions of the general (and all sub) contractor.
Index: the measure of interest rate changes that the lender uses to
decide how much the interest rate of an ARM will change over time. No one can be sure when
an index rate will go up or down. If a lender bases interest rate adjustments on the
average value of an index over time, your interest rate would not be as volatile. You
should ask your lender how the index for any ARM you are considering has changed in recent
years, and where it is reported.
Inflation: the number of dollars in circulation exceeds the amount of
goods and services available for purchase; inflation results in a decrease in the dollar's
value.
Inflation Coverage: endorsement to a homeowner's policy that
automatically adjusts the amount of insurance to compensate for inflationary rises in the
home's value. This type of coverage does not adjust for increases in the home's value due
to improvements.
Inquiry: a credit report request. Each time a credit application is
completed or more credit is requested counts as an inquiry. A large number of inquiries on
a credit report can sometimes make a credit score lower.
Interest: a fee charged for the use of borrowing money.
Interest Rate: the amount of interest charged on a monthly loan
payment, expressed as a percentage.
Interest Rate Swap: a transaction between two parties where each
agrees to exchange payments tied to different interest rates for a specified period of
time, generally based on a notional principal amount.
Intermediate Term Mortgage: a mortgage loan with a contractual
maturity from the time of purchase equal to or less than 20 years.
Insurance: protection against a specific loss, such as fire, wind
etc., over a period of time that is secured by the payment of a regularly scheduled
premium.
Joint Tenancy (with Rights of Survivorship): two or more owners share
equal ownership and rights to the property. If a joint owner dies, his or her share of the
property passes to the other owners, without probate. In joint tenancy, ownership of the
property cannot be willed to someone who is not a joint owner.
Judgment: a legal decision; when requiring debt repayment, a judgment
may include a property lien that secures the creditor's claim by providing a collateral
source.
Jumbo Loan: or non-conforming loan, is a loan that exceeds Fannie
Mae's and Freddie Mac's loan limits. Freddie Mac and Fannie Mae loans are referred to as
conforming loans.
Late Payment Charges: the penalty the homeowner must pay when a
mortgage payment is made after the due date grace period.
Lease: a written agreement between a property owner and a tenant
(resident) that stipulates the payment and conditions under which the tenant may occupy a
home or apartment and states a specified period of time.
Lease Purchase (Lease Option): assists low to moderate income
homebuyers in purchasing a home by allowing them to lease a home with an option to buy;
the rent payment is made up of the monthly rental payment plus an additional amount that
is credited to an account for use as a down payment.
Lender: A term referring to an person or company that makes loans for
real estate purchases. Sometimes referred to as a loan officer or lender.
Lender Option Commitments: an agreement giving a lender the option to
deliver loans or securities by a certain date at agreed upon terms.
Liabilities: a person's financial obligations such as long-term /
short-term debt, and other financial obligations to be paid.
Liability Insurance: insurance coverage that protects against claims
alleging a property owner's negligence or action resulted in bodily injury or damage to
another person. It is normally included in homeowner's insurance policies.
Lien: a legal claim against property that must be satisfied when the
property is sold. A claim of money against a property, wherein the value of the property
is used as security in repayment of a debt. Examples include a mechanic's lien, which
might be for the unpaid cost of building supplies, or a tax lien for unpaid property
taxes. A lien is a defect on the title and needs to be settled before transfer of
ownership. A lien release is a written report of the settlement of a lien and is recorded
in the public record as evidence of payment.
Lien Waiver: A document that releases a consumer (homeowner) from any
further obligation for payment of a debt once it has been paid in full. Lien waivers
typically are used by homeowners who hire a contractor to provide work and materials to
prevent any subcontractors or suppliers of materials from filing a lien against the
homeowner for nonpayment.
Life Cap: a limit on the range interest rates can increase or decrease
over the life of an adjustable-rate mortgage (ARM).
Line of Credit: an agreement by a financial institution such as a bank
to extend credit up to a certain amount for a certain time to a specified borrower.
Liquid Asset: a cash asset or an asset that is easily converted into
cash.
Listing Agreement: a contract between a seller and a real estate
professional to market and sell a home. A listing agreement obligates the real estate
professional (or his or her agent) to seek qualified buyers, report all purchase offers
and help negotiate the highest possible price and most favorable terms for the property
seller.
Loan: money borrowed that is usually repaid with interest.
Loan Acceleration: an acceleration clause in a loan document is a
statement in a mortgage that gives the lender the right to demand payment of the entire
outstanding balance if a monthly payment is missed.
Loan Fraud: purposely giving incorrect information on a loan
application in order to better qualify for a loan; may result in civil liability or
criminal penalties.
Loan Officer: a representative of a lending or mortgage company who is
responsible for soliciting homebuyers, qualifying and processing of loans. They may also
be called lender, loan representative, account executive or loan rep.
Loan Origination Fee: a charge by the lender to cover the
administrative costs of making the mortgage. This charge is paid at the closing and varies
with the lender and type of loan. A loan origination fee of 1 to 2 percent of the mortgage
amount is common.
Loan Servicer: the company that collects monthly mortgage payments and
disperses property taxes and insurance payments. Loan servicers also monitor nonperforming
loans, contact delinquent borrowers, and notify insurers and investors of potential
problems. Loan servicers may be the lender or a specialized company that just handles loan
servicing under contract with the lender or the investor who owns the loan.
Loan to Value (LTV) Ratio: a percentage calculated by dividing the
amount borrowed by the price or appraised value of the home to be purchased; the higher
the LTV, the less cash a borrower is required to pay as down payment.
Lock-In: since interest rates can change frequently, many lenders
offer an interest rate lock-in that guarantees a specific interest rate if the loan is
closed within a specific time.
Lock-in Period: the length of time that the lender has guaranteed a
specific interest rate to a borrower.
Loss Mitigation: a process to avoid foreclosure; the lender tries to
help a borrower who has been unable to make loan payments and is in danger of defaulting
on his or her loan
Mandatory Delivery Commitment: an agreement that a lender will deliver
loans or securities by a certain date at agreed-upon terms.
Margin: the number of percentage points the lender adds to the index
rate to calculate the ARM interest rate at each adjustment.
Market Value: the amount a willing buyer would pay a willing seller
for a home. An appraised value is an estimate of the current fair market value.
Maturity: the date when the principal balance of a loan becomes due
and payable.
Median Price: the price of the house that falls in the middle of the
total number of homes for sale in that area.
Medium Term Notes: unsecured general obligations of Fannie Mae with
maturities of one day or more and with principal and interest payable in U.S. dollars.
Merged Credit Report: raw data pulled from two or more of the major
credit-reporting firms.
Mitigation: term usually used to refer to various changes or
improvements made in a home; for instance, to reduce the average level of radon.
Modification: when a lender agrees to modify the terms of a mortgage
without refinancing the loan.
Mortgage: a lien on the property that secures the Promise to repay a
loan. A security agreement between the lender and the buyer in which the property is
collateral for the loan. The mortgage gives the lender the right to collect payment on the
loan and to foreclose if the loan obligations are not met.
Mortgage Acceleration Clause: a clause allowing a lender, under
certain circumstances, demand the entire balance of a loan is repaid in a lump sum. The
acceleration clause is usually triggered if the home is sold, title to the property is
changed, the loan is refinanced or the borrower defaults on a scheduled payment.
Mortgage-Backed Security (MBS): a Fannie Mae security that represents
an undivided interest in a group of mortgages. Principal and interest payments from the
individual mortgage loans are grouped and paid out to the MBS holders.
Mortgage Banker: a company that originates loans and resells them to
secondary mortgage lenders like Fannie Mae or Freddie Mac.
Mortgage Broker: a firm that originates and processes loans for a
number of lenders.
Mortgage Life and Disability Insurance: term life insurance bought by
borrowers to pay off a mortgage in the event of death or make monthly payments in the case
of disability. The amount of coverage decreases as the principal balance declines. There
are many different terms of coverage determining amounts of payments and when payments
begin and end.
Mortgage Insurance: a policy that protects lenders against some or
most of the losses that can occur when a borrower defaults on a mortgage loan; mortgage
insurance is required primarily for borrowers with a down payment of less than 20% of the
home's purchase price. Insurance purchased by the buyer to protect the lender in the event
of default. Typically purchased for loans with less than 20 percent down payment. The cost
of mortgage insurance is usually added to the monthly payment. Mortgage insurance is
maintained on conventional loans until the outstanding amount of the loan is less than 80
percent of the value of the house or for a set period of time (7 years is common).
Mortgage insurance also is available through a government agency, such as the Federal
Housing Administration (FHA) or through companies (Private Mortgage Insurance or PMI).
Mortgage Insurance Premium (MIP): a monthly payment -usually part of
the mortgage payment - paid by a borrower for mortgage insurance.
Mortgage Interest Deduction: the interest cost of a mortgage, which is
a tax - deductible expense. The interest reduces the taxable income of taxpayers.
Mortgage Modification: a loss mitigation option that allows a borrower
to refinance and/or extend the term of the mortgage loan and thus reduce the monthly
payments.
Mortgage Note: a legal document obligating a borrower to repay a loan
at a stated interest rate during a specified period; the agreement is secured by a
mortgage that is recorded in the public records along with the deed.
Mortgage Qualifying Ratio: Used to calculate the maximum amount of
funds that an individual traditionally may be able to afford. A typical mortgage
qualifying ratio is 28: 36.
Mortgage Score: a score based on a combination of information about
the borrower that is obtained from the loan application, the credit report, and property
value information. The score is a comprehensive analysis of the borrower's ability to
repay a mortgage loan and manage credit.
Mortgagee: the lender in a mortgage agreement. Mortgagor - The
borrower in a mortgage agreement.
Mortgagor: the borrower in a mortgage agreement
Multifamily Housing: a building with more than four residential rental
units.
Multiple Listing Service (MLS): within the Metro Columbus area,
Realtors submit listings and agree to attempt to sell all properties in the MLS. The MLS
is a service of the local Columbus Board of RealtorsŪ. The local MLS has a protocol for
updating listings and sharing commissions. The MLS offers the advantage of more timely
information, availability, and access to houses and other types of property on the market.
National Credit Repositories: currently, there are three companies
that maintain national credit - reporting databases. These are Equifax, Experian, and
Trans Union, referred to as Credit Bureaus.
Negative Amortization: amortization means that monthly payments are
large enough to pay the interest and reduce the principal on your mortgage. Negative
amortization occurs when the monthly payments do not cover all of the interest cost. The
interest cost that isn't covered is added to the unpaid principal balance. This means that
even after making many payments, you could owe more than you did at the beginning of the
loan. Negative amortization can occur when an ARM has a payment cap that results in
monthly payments not high enough to cover the interest due.
Net Income: Your take-home pay, the amount of money that you receive
in your paycheck after taxes and deductions.
No Cash Out Refinance: a refinance of an existing loan only for the
amount remaining on the mortgage. The borrower does not get any cash against the equity of
the home. Also called a "rate and term refinance."
No Cost Loan: there are many variations of a no cost loan. Generally,
it is a loan that does not charge for items such as title insurance, escrow fees,
settlement fees, appraisal, recording fees or notary fees. It may also offer no points.
This lessens the need for upfront cash during the buying process however no cost loans
have a higher interest rate.
Nonperforming Asset: an asset such as a mortgage that is not currently
accruing interest or which interest is not being paid.
Note: a legal document obligating a borrower to repay a mortgage loan
at a stated interest rate over a specified period of time.
Note Rate: the interest rate stated on a mortgage note.
Notice of Default: a formal written notice to a borrower that there is
a default on a loan and that legal action is possible.
Notional Principal Amount: the proposed amount which interest rate
swap payments are based but generally not paid or received by either party.
Non-Conforming loan: is a loan that exceeds Fannie Mae's and Freddie
Mac's loan limits. Freddie Mac and Fannie Mae loans are referred to as conforming loans.
Notary Public: a person who serves as a public official and certifies
the authenticity of required signatures on a document by signing and stamping the
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